James Leads Fight Against ICE Indefinite Detention

NEW YORK – New York Attorney General Letitia James is leading a multi-state legal assault against a draconian new federal policy that greenlights the indefinite detention of undocumented immigrants without a chance to plead for release. The fight centers around the case Bautista v. Noem, and challenges the U.S. Department of Homeland Security’s (DHS) brazen attempt to rewrite immigration law, stripping away fundamental rights and potentially devastating families.

The DHS policy, a sweeping overreach, eliminates the long-held right of immigrants in removal proceedings to request a bond hearing. Those who entered the country without inspection now face potentially years locked up in overcrowded, unsanitary facilities, regardless of their individual circumstances or ties to the community. Attorney General James argues this isn’t just a legal overstep, it’s a moral failing. “Our nation was founded on the principle of liberty and justice for all,” James stated. “DHS is now attempting to erase due process protections and deny people their most basic constitutional rights. The federal government cannot ignore the law and threaten our nation’s families, communities, and values.”

The stakes are immense. Over nine million U.S. citizens, including more than four million children, have at least one undocumented family member. The brief details the psychological and economic toll this policy will inflict. Detention of a parent demonstrably increases the risk of mental health issues in children and destabilizes households. The fear of detention is already driving immigrant families away from essential services like healthcare, food assistance, and even reporting crimes – effectively undermining public safety. This new policy, the coalition argues, will amplify that chilling effect.

Beyond the human cost, the economic consequences are staggering. Undocumented immigrants contribute nearly five percent of the U.S. workforce, filling critical roles in sectors like agriculture and construction. In 2023 alone, undocumented-led households paid almost $90 billion in taxes and fueled $300 billion in consumer spending. Unnecessarily detaining these workers isn’t just cruel; it’s economic sabotage, disrupting the labor force and crippling local and state economies.

The financial burden on taxpayers is equally absurd. Immigration detention cost U.S. taxpayers $3.4 billion in 2024 – a staggering $152 per detainee, per day. Meanwhile, DHS’s own Alternatives to Detention program, proven equally effective at ensuring court appearances, costs less than $4.20 per day. The attorneys general are calling it a reckless waste of taxpayer dollars with no added benefit. The brief highlights how indefinite detention also severely limits access to legal representation, as detainees are often transferred to remote facilities, effectively silencing their ability to mount a defense.

Attorney General James, along with the coalition of 19 other attorneys general, is demanding a halt to this policy, arguing it’s a blatant violation of due process, federal statutes, and basic human decency. The outcome of Bautista v. Noem will set a dangerous precedent, and the fight to protect the rights of immigrants – and the values this nation claims to uphold – is far from over. This isn’t just a legal battle; it’s a battle for the soul of America.”

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